BREACH OF PROMISE.

Star (Christchurch), Issue 5108, 16 September 1884, Page 2

BREACH OF PROMISE.

AN AMUSING CASE.

AMATORY POETRY.

STARS AND KISSES. DAMAGES, JCISO. [Special to the "Star."] DUNEDIN, Sept 16. An amusing breach of promise case was heard before his Honor Judge Johnstone. Jane Smith, a domestic servant, unusually good looking, sought to recover J2IOO damages. The defence was a denial of the promise to marry, and an allegation that at the time the promise was made plain ci lT was engaged to be married to Andrew Miller; that in April last, and for two years prior, defendant was engaged to be married to a woman other than plaintiff, and that he had communicated that fact to plaintiff. Mr Denniston in opening the ease, read a number of letters written by the defendant to plaintiff. In March last, when the correspondence opened, lie signed himself her " True and affectionate lover," aud charged her with having stolen his heart in these words : — " Who would be so cruel, fair maid, as to ; send you to prison for theft ? But ex- ! change is no robbery, the wise have confessed, an 'tis plain by this saying what '

they meant, that since you have stolen my heart from my breast, your own you should give me in payment. My thoughts by day, and my dreams of night, are of thee and only thee." Then, after their engagement on April' 30, he wrote to plaintiff a* " Dear Jeanie," acknowledged receipt of her " kind and loving letter," nud concluded his epistle with several lined of poetry, including the following : — Come to me love, mv heart can ne'er doubt thee ; Stiil yot for thy swe it companionship I pine. Oh, never more cau joy he jo.' without thee; My blessings vow iov life are thine. Oh, hear me, dear maiden, turn not away, I have been a viJo ivver uu-iii to-day ; But now 1 have fon:i<l one v,-he.-o f can wifely rest, And I, dear maiden, hopo tlu'.t tfico&lwll be blest. The next comusv.nicati""i was dated May 2, and in it defendant uoruised that so long as he lived he v.v>;ld do all in his power to make plaintil'i' happy, and expressed his belief that >-ho would never jhave any cause fcr rc-g.-.-i on his account. I After signing tlie lelt, ■■■— " Prom yonr [true and affectionate • - ;-r," the letter concluded with the e.liowin" original lines :— ° Though far away from h. ,••«! aud friends, Aud all that a (lon- to i!.- , Tlicrj is one for e»-cr iv i;. . 'mind— And that dear oae is th- '... And if we ue'er ehould v^.rt a-jnin j Upon life's path, [ I'll Bay to you these wor ': , true : I love :jo other but yot'. Thoug-hinanothertov/itßiii.-.i.-md away from thee. And other fair maios 1 • :u-n do see, Though other chances, h<-n iuir may be, Shall never tarn thi:-- I>um-c away from thee. Affection fouudel oa rc*j ■■ot Can never dwindle to iiu^ieot ; And wnile thy gcutlo viriui ..; live, ' Such is the love that I v.i:i give. The kisses, dear maid, tl;;. Iip- have Lit, Shall never pa t frmu ?:ii,-> B , Till hapiiicr hour i rest-);. '. hn pift Back ugain to tame. The next communicatl.-n was on June 4, and the defendant regretted having to go to a " spree " at the I\>. t, but gave consolation to plaintiff in the fact that he would be down-hearted in being there without her. A week later In? ugain wrote with respect tohisbeinganOrHr.genienandhera member of theChurehof Lo gland, and a«uin concluded with some loving Im edin poetry. The next two letters wore much in the same strain, and then, on .Inly 7, defendantwrote that he had ben; drinkiug heavily, and implored p!:iintiiV".f sympathy and forgiveness. On July 17 lie intimated that his former intended had arrived from Home, but added that this had not changed his mind yet, nor did ho know if it would ; though it would be likt-ly to occasion him some trouble. The la** letter was written a week later, nnd defendant then stated that he had had a dread Jul interview with the recent arrival, aud rh ;t ]ie had grave doubts what to do. THE TOUNG WOM.Vv's STOP.T. From plaintiff's evidence it appeared that they became a ••^''••'intod through the defendant, .Tame.; Alexander Fhiley, a labourer, being \y-\-r.. i:iau at her sister's wedding. He e-Mrted her from October, and in April i,n asked her to marry, and to fix ciilvv January or the following April. Sh<- .Avrse- tlie earlierdate. Both then mot-Lli'ited having been previously engaged, but it was distinctly staled that, boih engagements had been broken on', defendant saying, " I have washed n-.y hands clear of that." Everything Wfj;t smoothly till the arrival of the girl from Home. From the first defendant said there would be trouble, but he always told her that; he intended to keep his promise to h-;-. Later on he said he would not marry lw, as die was quite free and had her oraiacter; while the other one had lost huv'i. through hini. In cross-examination plaintiff said she had had a few lovers, but not more than her fair share. She gp.vo up Miller for the defendant, and the former threatened her with an action for b:oa< a of promise. With her previous lovers, a"i! the affection was on their side; but in Mi;ierV case the lovewas all on her side. Slie indignantly denies that she kept two string: to her bow. It was after her engagement, that she wrote: Fear not, de-ir lo;---, ilat the story Which I oi't hnvi"- to.d to you Is a transient fipc-tin:.' fancy, For my love I'll i.ever rue." She had not often told the same story. He remarked, " Thciv is my hand, and there is my heart; yon can take them for ever." I agreed to accept him as a lover. Corroborative evidence was given by two members of plaintiff's family, who deposed to the couple disporting themselves in public as accepted lovers. the defendant';- juxnt version. Defendant gave <••. Meuce as follows: — He was first introdui'-d to the plaintiff at her sister's wiuLlin". The aifnir passed off pleasantly, but lv..- had no conversation with the plaintiff. He met her accidentally in the street afterwai os. His Honor : Did v .v? pay ynu- addresses to her ? Witness: As a fi'Luu, yonr Honor; nothing more. I never courted her, but we were together -mne .times as friends only. I knew shewi.s engaged to Miller, and she knew I wa- engaged to a young^ lady at Home. Mi .joitnston told her that I was engaged, and -he told me at the wedding, in the pre-j'-Tsco of all the party, that she knew I was engaged to a younglady at Home. I met her the first Thursdaynight after the wedding, at her own request, at tho house where she was in service. I made no love to her. His Honor : Have you never courted her at all? Witness : Never. I have received a few letters from hey during our acquaintance. She allowed that if I would break off my engagement she would break ofi hersj bnt this I declined to do. His Honor : You say you never courted her? Witness : Not with a view to marriage. His Honor : With what view, then, sir, did you court her ? Witness : Only on terms cf friendship. The ring I mado her a present of by her own request, to satisfy the curiosity of her own mind, because of having lost one which she lir J before. I never courted the girl, and there was never any idea of marriage daring the whole time on my side. We both made up our minds to keep each other's company on friendly terms, until such time as we could each many our own. On my oath I say that I kept company with her just to pass the time till she could go back to Miller. The stars with which intervals in tlie letters are filled in were merely pen marks, and meant for nothing else. His Honor : Do yon seriously swear you meant nothing by them ? Witness : I meant them for pen marks, and not i'or kisses.